1. Constitution Flashcards
Prior to the revolution, what did the British authorities rely on extensively that violated the privacy of the colonists?
- General warrants
- writs of assistance.
This practice was so hated that it became the basis for the bill of rights and used for adopting the fourth and fifth amendments
What are the MOST POWERFUL AUTHORITIES that officers have (4)?
S-Search
S-Seize
I-Interrogate
I-Identity
SSII
The power to search, seize, interrogate, and identify (SSI).
Our state constitution may never hold officers to a lesser standard than the federal constitution but it may be more?
RESTRICTIVE in how they investigate.
Article 12 of the Massachusetts declaration of rights is the equivalent to what in the federal constitution?
5th amendment
6th amendment
Article 14 of the Massachusetts declaration of rights is equivalent to what in the federal constitution
4th amendment
What is the exclusionary rule?
A-Attenuation
I-Independent Source
I-Inevitable Discovery
C-Collateral Proceedings
AIIC
Evidence obtained by unlawful police conduct should be excluded from criminal trials.
Advocates say that it deters police misconduct, while opponents insist that allows the guilty to go free.
What is the fruit of the poisonous tree?
This BARS evidence obtained after the initial mistake.
What is attenuation?
An exception to the exclusionary rule:
When a court decides the police obtained evidence as an indirect result of there, illegal detention or arrest
What is the independent source rule?
An exception to the exclusionary rule:
The independent source rule recognizes that officers should not be penalized for unconstitutional activity when the evidence also came from another legitimate source
What is the inevitable discovery rule?
An exception to the exclusionary rule:
Under inevitable discovery, the issue is whether unlawfully found evidence would’ve eventually been discovered lawfully
Whether the evidence would, as a practical matter, have been found legally, and
The character of the police misconduct that uncovered it in the first place
What is the collateral proceedings rule?
An exception to the exclusionary rule:
The exclusionary rule prevents police from using illegally obtained evidence to prove their case at trial, but it does not eliminate using the evidence for all purposes
Impeach defendants, false testimony
Revoke, defendants, probation, or parole
Remove children from custody of their unfit parents
Discharge or discipline a public employee
Prove a civil case case
What are the 4 EXCEPTIONS to the exclusionary rule?
A-Attenuation
I-Independent source
I-Inevitable discovery
C-Collateral proceedings
AIIC
Will my evidence seized in violation of a search warrant, be admitted to trial?
Never, the SJC views, the warrant requirement is too important to dissolve on the basis!
What must you do with exculpatory evidence?
Must disclose this evidence to the prosecutor who must turn it over to the defense counsel
What is Exculpatory Evidence?
Evidence, consistent with the defendants innocence
Evidence about witnesses past dishonesty.
Evidence about a police officers, past, dishonesty, bias, or criminal conduct.
also authorizes prosecutors to inform my police chief about misconduct and requires that prosecutors keep a Brady list.
